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Public Act 097-0568
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| HB3005 Enrolled | LRB097 09026 AJO 49160 b |
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AN ACT concerning parentage.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by |
changing Sections 1-3 and 6-9 as follows:
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(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
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Sec. 1-3. Definitions. Terms used in this Act, unless the |
context
otherwise requires, have the following meanings |
ascribed to them:
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(1) "Adjudicatory hearing" means a hearing to
determine |
whether the allegations of a petition under Section 2-13, 3-15 |
or
4-12 that a minor under 18 years of age is abused, neglected |
or dependent, or
requires authoritative intervention, or |
addicted, respectively, are supported
by a preponderance of the |
evidence or whether the allegations of a petition
under Section |
5-520 that a minor is delinquent are proved beyond a reasonable
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doubt.
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(2) "Adult" means a person 21 years of age or older.
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(3) "Agency" means a public or private child care facility
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legally authorized or licensed by this State for placement or |
institutional
care or for both placement and institutional |
care.
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(4) "Association" means any organization, public or
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private, engaged in welfare functions which include services to |
or on behalf of
children but does not include "agency" as |
herein defined.
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(4.05) Whenever a "best interest" determination is
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required, the following factors shall be considered in the |
context of the
child's age and developmental needs:
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(a) the physical safety and welfare of the child, |
including food, shelter,
health, and clothing;
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(b) the development of the child's identity;
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(c) the child's background and ties, including |
familial,
cultural, and religious;
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(d) the child's sense of attachments, including:
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(i) where the child actually feels love, |
attachment, and a sense of
being valued (as opposed to |
where adults believe the child should
feel such love, |
attachment, and a sense of being valued);
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(ii) the child's sense of security;
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(iii) the child's sense of familiarity;
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(iv) continuity of affection for the child;
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(v) the least disruptive placement alternative for |
the child;
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(e) the child's wishes and long-term goals;
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(f) the child's community ties, including church, |
school, and friends;
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(g) the child's need for permanence which includes the |
child's need for
stability and continuity of relationships |
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with parent figures and with siblings
and other relatives;
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(h) the uniqueness of every family and child;
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(i) the risks attendant to entering and being in |
substitute care; and
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(j) the preferences of the persons available to care |
for the child.
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(4.1) "Chronic truant" shall have the definition
ascribed |
to it in Section 26-2a of the School Code.
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(5) "Court" means the circuit court in a session or |
division
assigned to hear proceedings under this Act.
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(6) "Dispositional hearing" means a hearing to
determine |
whether a minor should be adjudged to be a ward of the court, |
and to
determine what order of disposition should be made in |
respect to a minor
adjudged to be a ward of the court.
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(7) "Emancipated minor" means any minor 16 years of age or |
over who has
been completely or partially emancipated under the |
Emancipation of
Minors Act or
under this Act.
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(8) "Guardianship of the person" of a minor
means the duty |
and authority to act in the best interests of the minor, |
subject
to residual parental rights and responsibilities, to |
make important decisions
in matters having a permanent effect |
on the life and development of the minor
and to be concerned |
with his or her general welfare. It includes but is not
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necessarily limited to:
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(a) the authority to consent to marriage, to enlistment |
in the armed
forces of the United States, or to a major |
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medical, psychiatric, and
surgical treatment; to represent |
the minor in legal actions; and to make
other decisions of |
substantial legal significance concerning the minor;
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(b) the authority and duty of reasonable visitation, |
except to the
extent that these have been limited in the |
best interests of the minor by
court order;
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(c) the rights and responsibilities of legal custody |
except where legal
custody has been vested in another |
person or agency; and
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(d) the power to consent to the adoption of the minor, |
but only if
expressly conferred on the guardian in |
accordance with Section 2-29, 3-30, or
4-27.
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(9) "Legal custody" means the relationship created by an
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order of court in the best interests of the minor which imposes |
on the
custodian the responsibility of physical possession of a |
minor and the duty to
protect, train and discipline him and to |
provide him with food, shelter,
education and ordinary medical |
care, except as these are limited by residual
parental rights |
and responsibilities and the rights and responsibilities of the
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guardian of the person, if any.
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(9.1) "Mentally capable adult relative" means a person 21 |
years of age or older who is not suffering from a mental |
illness that prevents him or her from providing the care |
necessary to safeguard the physical safety and welfare of a |
minor who is left in that person's care by the parent or |
parents or other person responsible for the minor's welfare. |
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(10) "Minor" means a person under the age of 21 years |
subject to
this Act.
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(11) "Parent" means the father or mother of a child and
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includes any adoptive parent. It also includes a man (i)
whose |
paternity
is presumed or has been established under the law of |
this or another
jurisdiction or (ii) who has registered with |
the Putative Father Registry in
accordance with Section 12.1 of |
the Adoption Act and whose paternity has not
been ruled out |
under the law of this or another jurisdiction. It does not
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include a
parent whose rights in respect to the
minor have been |
terminated in any manner provided by law. It does not include a |
person who has been or could be determined to be a parent under |
the Illinois Parentage Act of 1984, or similar parentage law in |
any other state, if that person has been convicted of or pled |
nolo contendere to a crime that resulted in the conception of |
the child under Section 11-1.20, 11-1.30, 11-1.40, 11-11, |
12-13, 12-14, 12-14.1, subsection (a) or (b) (but not |
subsection (c)) of Section 11-1.50 or 12-15, or subsection (a), |
(b), (c), (e), or (f) (but not subsection (d)) of Section |
11-1.60 or 12-16 of the Criminal Code of 1961 or similar |
statute in another jurisdiction unless upon motion of any |
party, other than the offender, to the juvenile court |
proceedings the court finds it is in the child's best interest |
to deem the offender a parent for purposes of the juvenile |
court proceedings.
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(11.1) "Permanency goal" means a goal set by the court as |
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defined in
subdivision (2) of Section 2-28.
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(11.2) "Permanency hearing" means a hearing to set the |
permanency goal and
to review and determine (i) the |
appropriateness of the services contained in
the plan and |
whether those services have been provided, (ii) whether |
reasonable
efforts have been made by all the parties to the |
service plan to achieve the
goal, and (iii) whether the plan |
and goal have been achieved.
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(12) "Petition" means the petition provided for in Section
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2-13, 3-15, 4-12 or 5-520, including any supplemental petitions |
thereunder
in Section 3-15, 4-12 or 5-520.
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(12.1) "Physically capable adult relative" means a person |
21 years of age or older who does not have a severe physical |
disability or medical condition, or is not suffering from |
alcoholism or drug addiction, that prevents him or her from |
providing the care necessary to safeguard the physical safety |
and welfare of a minor who is left in that person's care by the |
parent or parents or other person responsible for the minor's |
welfare. |
(13) "Residual parental
rights and responsibilities" means |
those rights and responsibilities remaining
with the parent |
after the transfer of legal custody or guardianship of the
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person, including, but not necessarily limited to, the right to |
reasonable
visitation (which may be limited by the court in the |
best interests of the
minor as provided in subsection (8)(b) of |
this Section), the right to consent
to adoption, the right to |
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determine the minor's religious affiliation, and the
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responsibility for his support.
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(14) "Shelter" means the temporary care of a minor in
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physically unrestricting facilities pending court disposition |
or execution of
court order for placement.
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(15) "Station adjustment" means the informal
handling of an |
alleged offender by a juvenile police officer.
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(16) "Ward of the court" means a minor who is so
adjudged |
under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
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requisite jurisdictional facts, and thus is subject to the |
dispositional powers
of the court under this Act.
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(17) "Juvenile police officer" means a sworn
police officer |
who has completed a Basic Recruit Training Course, has been
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assigned to the position of juvenile police officer by his or |
her chief law
enforcement officer and has completed the |
necessary juvenile officers training
as prescribed by the |
Illinois Law Enforcement Training Standards Board, or in
the |
case of a State police officer, juvenile officer
training |
approved by the Director of the Department of State Police.
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(18) "Secure child care facility" means any child care |
facility licensed
by the Department of Children and Family |
Services to provide secure living
arrangements for children |
under 18 years of age who are subject to placement in
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facilities under the Children and Family Services Act and who |
are not subject
to placement in facilities for whom standards |
are established by the Department
of Corrections under Section |
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3-15-2 of the Unified Code of Corrections.
"Secure child care |
facility" also means a
facility that is designed and operated |
to ensure that all entrances and
exits
from the facility, a |
building, or a distinct part of the building are under the
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exclusive control of the staff of the facility, whether or not |
the child has
the freedom of movement within the perimeter of |
the facility, building, or
distinct part of the building.
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(Source: P.A. 95-331, eff. 8-21-07; 96-168, eff. 8-10-09.)
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(705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
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Sec. 6-9. Enforcement of liability of parents and others.
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(1) If parentage is at issue in any proceeding under this |
Act, other than cases involving those exceptions to the |
definition of parent set out in item (11) in Section 1-3, then |
the
Illinois Parentage Act of 1984 shall apply and the court |
shall enter orders
consistent with that Act. If it appears at |
any hearing that a parent or
any other person named in the |
petition, liable under the law for the
support of the minor, is |
able to contribute to his or her support, the court
shall enter |
an order requiring that parent or other person to pay the clerk |
of
the court, or to the guardian or custodian appointed under |
Sections 2-27,
3-28, 4-25 or 5-740, a reasonable sum from time |
to time for the care,
support and necessary special care or |
treatment, of the minor.
If the court
determines at any hearing |
that a parent or any other person named in the
petition, liable |
under the law for the support of the minor, is able to
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contribute to help defray the costs associated with the minor's |
detention in a
county or regional detention center, the court |
shall enter an order requiring
that parent or other person to |
pay the clerk of the court a reasonable sum for
the care and |
support of the minor.
The court
may require reasonable security |
for the payments. Upon failure to pay, the
court may enforce |
obedience to the order by a proceeding as for contempt of
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court.
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If it appears that the person liable for the support of the |
minor is
able to contribute to legal fees for representation of |
the minor, the court
shall enter an order requiring that person |
to pay a reasonable sum for the
representation, to the attorney |
providing the representation or to the
clerk of the court for |
deposit in the appropriate account or fund. The sum
may be paid |
as the court directs, and the payment thereof secured and
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enforced as provided in this Section for support.
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If it appears at the detention or shelter care hearing of a |
minor before
the court under Section 5-501 that a parent or any |
other person
liable for
support of the minor is able to |
contribute to his or her support, that parent
or other person |
shall be required to pay a fee for room and board at a rate not
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to exceed $10 per day established, with the concurrence of the |
chief judge of
the judicial circuit, by the county board of the |
county in which the minor is
detained unless the court |
determines that it is in the best interest and
welfare of the |
minor to waive the fee. The concurrence of the chief judge
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shall be in the form of an administrative order. Each week, on |
a day
designated by the clerk of the circuit court, that parent |
or other person shall
pay the clerk for the minor's room and |
board. All fees for room and board
collected by the circuit |
court clerk shall be disbursed into the separate
county fund |
under Section 6-7.
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Upon application, the court shall waive liability for |
support or legal fees
under this Section if the parent or other |
person establishes that he or she is
indigent and unable to pay |
the incurred liability, and the court may reduce or
waive |
liability if the parent or other person establishes |
circumstances showing
that full payment of support or legal |
fees would result in financial hardship
to the person or his or |
her family.
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(2) When a person so ordered to pay for the care and |
support of a minor
is employed for wages, salary or commission, |
the court may order him to
make the support payments for which |
he is liable under this Act out of his
wages, salary or |
commission and to assign so much thereof as will pay the
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support. The court may also order him to make discovery to the |
court as to
his place of employment and the amounts earned by |
him. Upon his failure to
obey the orders of court he may be |
punished as for contempt of court.
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(3) If the minor is a recipient of public aid under the |
Illinois Public
Aid Code, the court shall order that payments |
made by a parent or through
assignment of his wages, salary or |
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commission be made directly to (a) the
Department of Healthcare |
and Family Services if the minor is a recipient of aid under
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Article V of the Code, (b) the Department of Human Services if |
the
minor is a recipient of aid under Article IV of the Code, |
or (c)
the local governmental unit
responsible for the support |
of the minor if he is a recipient under
Articles VI or VII of |
the Code. The order shall permit the
Department of Healthcare |
and Family Services, the Department of Human Services, or the |
local
governmental unit, as the case may
be, to direct that |
subsequent payments be made directly to the guardian or
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custodian of the minor, or to some other person or agency in |
the minor's
behalf, upon removal of the minor from the public |
aid rolls; and upon such
direction and removal of the minor |
from the public aid rolls, the
Department of Healthcare and |
Family Services, Department of Human Services, or local
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governmental unit, as the case requires, shall give
written |
notice of such action to the court. Payments received by the
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Department of Healthcare and Family Services, Department of |
Human Services, or local
governmental unit are to be
covered, |
respectively, into the General Revenue Fund of the State |
Treasury
or General Assistance Fund of the governmental unit, |
as provided in Section
10-19 of the Illinois Public Aid Code.
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(Source: P.A. 95-331, eff. 8-21-07.)
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Section 10. The Illinois Parentage Act of 1984 is amended |
by changing Section 6.5 as follows:
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(750 ILCS 45/6.5) |
(Text of Section before amendment by P.A. 96-1551) |
Sec. 6.5. Custody or visitation by sex offender prohibited.
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(a) This Section applies to a person who has been found to |
be the father of a child under this Act and who has been |
convicted of or who has pled guilty or nolo contendere to a |
violation of Section 11-1.20 (criminal sexual assault), |
Section 11-1.30 (aggravated criminal sexual assault), Section |
11-1.40 (predatory criminal sexual assault of a child), Section |
11-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated |
criminal sexual abuse), Section 11-11 (sexual relations within |
families), Section 12-13 (criminal sexual assault), Section |
12-14 (aggravated criminal sexual assault), Section 12-14.1 |
(predatory criminal sexual assault of a child), Section 12-15 |
(criminal sexual abuse), or Section 12-16 (aggravated criminal |
sexual abuse) of the Criminal Code of 1961, or a similar |
statute in another jurisdiction, for his conduct in fathering |
that child. |
(b) A person described in subsection (a) shall not be |
entitled to custody of or visitation with that child without |
the consent of the child's mother or guardian. If the person |
described in subsection (a) is also the guardian of the child, |
he does not have the authority to consent to visitation or |
custody under this Section. If the mother of the child is a |
minor, and the person described in subsection (a) is also the |
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father or guardian of the mother, then he does not have the |
authority to consent to custody or visitation. |
(c) Notwithstanding any other provision of this Act, |
nothing in this Section shall be construed to relieve the |
father described in subsection (a) of any support and |
maintenance obligations to the child under this Act. |
A person found to be the father of a child under this Act, and |
who has been convicted of or who has pled guilty to a violation |
of Section 11-11 (sexual relations within families), Section |
12-13 (criminal sexual assault), Section 12-14 (aggravated |
criminal sexual assault), Section 12-14.1 (predatory criminal |
sexual assault of a child), Section 12-15 (criminal sexual |
abuse), or Section 12-16 (aggravated criminal sexual abuse) of |
the Criminal Code of 1961 for his conduct in fathering that |
child, shall not be entitled to custody of or visitation with |
that child without the consent of the mother or guardian, other |
than the father of the child who has been convicted of or pled |
guilty to one of the offenses listed in this Section, or, in |
cases where the mother is a minor, the guardian of the mother |
of the child. Notwithstanding any other provision of this Act, |
nothing in this Section shall be construed to relieve the |
father of any support and maintenance obligations to the child |
under this Act.
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(Source: P.A. 94-928, eff. 6-26-06.)
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(Text of Section after amendment by P.A. 96-1551) |
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Sec. 6.5. Custody or visitation by sex offender prohibited.
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(a) This Section applies to a person who has been found to |
be the father of a child under this Act and who has been |
convicted of or who has pled guilty or nolo contendere to a |
violation of Section 11-1.20 (criminal sexual assault), |
Section 11-1.30 (aggravated criminal sexual assault), Section |
11-1.40 (predatory criminal sexual assault of a child), Section |
11-1.50 (criminal sexual abuse), Section 11-1.60 (aggravated |
criminal sexual abuse), Section 11-11 (sexual relations within |
families), Section 12-13 (criminal sexual assault), Section |
12-14 (aggravated criminal sexual assault), Section 12-14.1 |
(predatory criminal sexual assault of a child), Section 12-15 |
(criminal sexual abuse), or Section 12-16 (aggravated criminal |
sexual abuse) of the Criminal Code of 1961, or a similar |
statute in another jurisdiction, for his conduct in fathering |
that child. |
(b) A person described in subsection (a) shall not be |
entitled to custody of or visitation with that child without |
the consent of the child's mother or guardian. If the person |
described in subsection (a) is also the guardian of the child, |
he does not have the authority to consent to visitation or |
custody under this Section. If the mother of the child is a |
minor, and the person described in subsection (a) is also the |
father or guardian of the mother, then he does not have the |
authority to consent to custody or visits. |
(c) Notwithstanding any other provision of this Act, |
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nothing in this Section shall be construed to relieve the |
father described in subsection (a) of any support and |
maintenance obligations to the child under this Act. |
A person found to be the father of a child under this Act, and |
who has been convicted of or who has pled guilty to a violation |
of Section 11-11 (sexual relations within families), Section |
11-1.20 or 12-13 (criminal sexual assault), Section 11-1.30 or |
12-14 (aggravated criminal sexual assault), Section 11-1.40 or |
12-14.1 (predatory criminal sexual assault of a child), Section |
11-1.50 or 12-15 (criminal sexual abuse), or Section 11-1.60 or |
12-16 (aggravated criminal sexual abuse) of the Criminal Code |
of 1961 for his conduct in fathering that child, shall not be |
entitled to custody of or visitation with that child without |
the consent of the mother or guardian, other than the father of |
the child who has been convicted of or pled guilty to one of |
the offenses listed in this Section, or, in cases where the |
mother is a minor, the guardian of the mother of the child. |
Notwithstanding any other provision of this Act, nothing in |
this Section shall be construed to relieve the father of any |
support and maintenance obligations to the child under this |
Act.
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(Source: P.A. 96-1551, eff. 7-1-11.)
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Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |